SRINAGAR: The Chief Judicial Magistrate Baramulla at Sopore has delivered a landmark judgment in a harrowing case of child sexual abuse, convicting Aijaz Ahmad Sheikh, a self-proclaimed Pir Baba, a faith healer from Mundji. The 125-page judgment marks the culmination of a nearly nine-year legal battle, initiated with the filing of FIR No 22 of 2016 under Section 377 of the RPC, equivalent to Section 377 of the Indian Penal Code, which criminalises unnatural offenses.
Sheikh, who presented himself as a faith healer, cunningly exploited the community’s faith, luring families seeking blessings and solutions to their problems. His strategy centered around creating an aura of spiritual power, claiming to possess the ability to facilitate communication between children and Jinn (spirits) during nocturnal sessions. He preyed on the trust of parents, inviting them to bring their children to him under the guise of these spiritual rituals.
The prosecution revealed that the father of one of the victims (PW8) grew increasingly suspicious after his son began resisting visits to Sheikh. The son eventually disclosed that Sheikh was engaging in “wrong and unnatural acts” with the children. The victim’s statement unveiled the horrifying reality behind Sheikh’s façade of spiritual healing.
The investigation, commencing immediately after the registration of the FIR on March 2, 2016, was conducted by a Special Investigation Team (SIT) formed by the Superintendent of Police (Sopore). The SIT comprised senior investigating officers, child protection officers, and forensic experts, all dedicated to ensuring a thorough, impartial, and specialized probe.
The SIT meticulously gathered material evidence, recording witness statements under Section 161 and 164-A of the JK CrPC before a Magistrate to ensure evidentiary integrity. They conducted site inspections of Sheikh’s residence, examined documentary and circumstantial evidence, and collected forensic samples, which were later subjected to medical examination. The investigation involved recording statements of key witnesses, including PW1 (the father of PW8), PW8, PW3, and other victims. A detailed charge-sheet was filed on June 15, 2017, under Section 377 RPC, marking the culmination of the investigative process.
PW1, the father of the victim, testified that Sheikh would ask them to bring children at night so that they could converse with the Jinn. The father said he took his son to the accused continuously for four years starting from 2013 until 2017. After that, the children refused to go to the house of the accused. The deponent said that upon insisting, his child told him that Sheikh used to do wrong acts with them, meaning that he used to have unnatural intercourse with them.
Another witness, PW2, said that he used to go to the accused for Taweez, and Sheikh would tell them that children below 12 years of age should be brought to him so that they can converse with the Jinn. He took his nephew, V-B, to the accused, who went five or six times for as many weeks and then refused to go. PW2’s son, V-C, who was ill, was taken to the accused twice before also refusing to go, later explaining that the accused had taken off the pant of one child.
The defense attempted to discredit the prosecution’s case, but the court deemed the evidence and testimonies credible. An application by the prosecution to examine PW10 (uncle of PW8) was dismissed by the court, deeming his statement hearsay. The accused himself acknowledged his occupation as a faith healer, a fact undisputed by both prosecution and defense.
The case faced numerous delays, including the accused being lodged in PSA (Public Safety Act) detention, COVID-19 lockdowns disrupting court proceedings, multiple adjournments sought by the accused, and the transfer of the Presiding Officer.
The defense lawyer cross-examined the prosecution witnesses, attempting to expose inconsistencies or biases in their testimonies. For example, they questioned PW1 (father of the victim) about whether his son had ever complained directly about the accused and whether PW1 had personally witnessed any wrongdoing. They also questioned PW1 about his relationship with other individuals mentioned in the case.
The defense highlighted the fact that some witnesses, like PW1, did not have direct, first-hand knowledge of the alleged abuse. PW1 admitted that he never went with his son to the accused’s house and that his information came from his son and brother.
The defense successfully argued against the inclusion of PW10’s testimony, arguing it was hearsay and didn’t establish first-hand knowledge of the abuse. This suggests a broader strategy of challenging evidence not directly linking the accused to the alleged acts.
After years of legal proceedings, the court found Aijaz Ahmad Sheikh guilty of the offense under Section 377 RPC. While the specific punishment is not detailed in the judgment, the conviction sends a message that such crimes against children will not be tolerated.
This case underscores the vulnerability of children in communities with deep-seated faith in religious figures. It highlights the urgent need for heightened awareness, vigilance, and robust child protection mechanisms to prevent future abuses. The conviction of Aijaz Ahmad Sheikh offers a measure of justice to the victims and their families, but the trauma inflicted will likely leave lasting scars. The judgment serves as a reminder of the importance of safeguarding children from those who exploit positions of trust for their depraved desires.
